When we step into our car the last thing we expect to happen to us is to get into a car accident. For most, driving has become second nature and it’s like switching on autopilot until we reach our destination. Unfortunately, at any point in our lives we could be involved in a car accident, whether it be a small fender bender or a life-altering crash. Depending on the severity of the crash, you could be riddled with medical and car repair bills that you can’t afford. If the car accident wasn’t your fault, it may be beneficial to take legal action against the other driver to recoup your losses. However, it is important to do this with an experienced personal injury attorney by your side.

Personal Injury: Best & Worst Case Scenarios

There is a lot that goes into suing someone for personal injuries sustained in a car accident. The best-case scenario is that the defendant’s insurance company is willing to pay out a reasonable amount without a struggle. Sadly, that does not happen all that often and more likely than not you will end up in mediation negotiating a settlement amount. The worst-case scenario is that a settlement agreement cannot be reached, and you are forced to go to jury trial. If the accident was clearly the other driver’s fault, you may think that you’ll have an easy win in court and be awarded the money you need. After all, if the defendant has insurance then the jury will see that they will have no problem paying, right?

Kentucky Rules of Evidence Rule 411: How It Works

Unfortunately, the jury will never know if a defendant has insurance or not. Per the Kentucky Rules of Evidence Rule 411, evidence that the defendant has insurance against liability is not admissible in court when it comes to the issue of whether or not the defendant acted negligently or wrongly while operating their vehicle. Most of the arguments in cases like these are going to boil down to who did what and who was at fault. Due to this, evidence on whether or not the defendant has insurance against liability cannot be shown to a jury. This has a huge impact on your case. If the defendant was clearly at fault and they are insured, you would obviously want to show that to the jury so that they know the money is there and that there is no reason you shouldn’t get paid. However, since the defendant’s insurance or lack thereof is not admissible, the jury will never know whether or not they are insured. This creates an unconscious sympathy towards the defendant as the jury will assume that they are paying out of pocket. Depending on the defendant, this can be a roadblock to winning.

How Does An Attorney Help Your Situation?

Imagine the defendant (i.e. the other driver that hit you), was an elderly woman. Maybe she has bad eyesight, or maybe she wasn’t paying attention, but either way it was her fault. Your car was totaled and you suffered from injuries. Her insurance company refuses to agree to a settlement amount and forces the case into a jury trial. In this case, the elderly woman’s proof of insurance is not admissible in court. Through the course of the trial the jury is going to see a sweet, little old lady who will be forced to pay out of pocket for your expenses. As a result, the jury may feel sympathetic towards the elderly woman and as a result award you less money than you deserve. That is why it is vital that you hire an experienced personal injury lawyer to handle a case regarding personal injuries sustained in an accident. An experienced personal injury attorney has the tools and knowledge to break down that roadblock and win you the money you deserve. In fact, with the right attorney, you may not even make it to a jury trial. If you have been injured in a car accident and want to take action against the other driver, do not hesitate to call an experienced personal injury attorney to fight for you.

The views and opinions expressed herein are those of the authors and do not necessarily reflect the official policy or position of anyone else. Any content provided herein is not intended to malign any religion, ethic group, club, organization, company, individual or anyone or anything. The information provided herein should NOT be considered legal advice.

If you are a licensed driver in the state of Kentucky, you are probably aware that the state transportation cabinet is set to roll out new IDs for Kentucky residents. While it has been in the works for a several months, residents will soon have the opportunity to upgrade their driver’s license so that they are compliant with the Real ID Act.

Which ID is Right For You?

It can be a bit confusing figuring out which ID is best for you. Basically, there are two new IDs residents have the opportunity to choose from: (1) the new standard credential and (2) the voluntary travel ID. The new standard credential is essentially what it sounds like. It is a standard driver’s license that gives you the ability to operate a motor vehicle, only with an upgraded look and compliance with federal law. If you only drive, never fly, and worry about having your name in a federal database, then this is the ID for you. However, if you travel or plan to travel after October of 2020, flying domestically will now require the voluntary travel ID version. This ID is still a valid driver’s license, but it now allows you to fly domestically and access federal facilities such as military bases. Without the voluntary travel ID version, you will be required to have a passport along with your standard driver’s license to fly domestically.

Take Note: Your current license is still valid until its expiration date both for driving and flying. However, after October 2020 when Kentucky’s extension on complying with the Real ID Act expires, you will be required to have a voluntary travel ID to fly domestically. If you travel or plan to travel before October 2020 but your ID does not expire until then, you can still go ahead and upgrade to the voluntary ID as soon as they are available.

So When, Where, and How:

New IDs will be available in Jefferson County beginning sometime between March 19th-22nd;

Shelby County beginning sometime between April 1st-5th;

Oldham County beginning sometime between April 8th-12th;

Spencer County beginning sometime between April 15th-19th.

You can visit your local circuit court and upgrade to a voluntary travel ID for $15, this will expire when your normal license is supposed to.

If you wish to upgrade your ID, your current one is set to expire, or you need one for the first time, you just need to make a visit to your local circuit court office to apply for a new one.

If your license is expired, you simply need to trade in your old one for the new one.

For first-time applicants, you will be required to present proof of identity (i.e. birth certificate), proof of social security card, and proof of residency (i.e. a lease or utility bill). Voluntary travel IDs require the same documents as first-time applicants except you need two documents showing proof of residency instead of one.

After applying/upgrading, you should receive your new ID by mail within five-ten days. Unlike the old IDs, the new ones are valid for eight years.

Marijuana is a controversial subject, especially when it comes to the debate on if it should or should not be legalized in Kentucky. Regardless of what the legislation says about marijuana use, it’s a drug that many will continue to use, legal or not. Unfortunately, most are unaware of the consequences if caught in possession of marijuana or the fact that medical marijuana may soon be legalized here in Kentucky.

What If You Get Caught in Possession?

So, what actually happens if you are caught in possession? Under Kentucky Revised Statute (KRS) 218A.1422, possession of any amount of marijuana is considered a Class B misdemeanor. Depending on the number of previous offenses, you may be required to pay a fine, spend a maximum of 45 days in jail, or even have to do both. However, the punishment depends on the situation and if there were any aggravating circumstances that could result in higher fines and jail time. For example, under KRS 218A.1421, if you are caught with more than eight (8) ounces of marijuana, that will be used as evidence that you possessed marijuana with the intention to sell or distribute it (even if you had no intention to do so) and would have a harsher punishment. Being caught in possession while also driving under the influence of the drug is another circumstance in which you would be handed a heftier punishment such as losing your license or more jail time.

What May The Future Bring For Marijuana?

However, a loophole may soon open itself up to users. A bill on the legalization of medical marijuana is being introduced into the 2019 Kentucky legislation. This would legalize marijuana for medical use and give doctors the option to offer it as treatment to patients. It would be regulated by the Department of Public Protection’s Office of Alcoholic Beverage Control and would have certain requirements such as yearly licensing fees and limits on the possession. You would be required to get a recommendation from your doctor as well as pass a background check. There would be no public consumption allowed and you would still be prohibited from driving while using the medical marijuana. You will also lose access if you are caught sharing your it with anyone else. The bill is being introduced in an effort to provide relief to thousands of Kentuckians who suffer from pain that conventional medicines are not doing anything for.

While this bill could help thousands of Kentuckians find relief from chronic pain, cancer, terminal illness by using cbd oil, and much more., it still brings up a lot of questions about how the legalization of medical marijuana affects you and the state. The legalization would not only bring changes in marijuana laws but in the economy of the state as well. New business opportunities would open up as the state would need cultivators, processors, and dispensaries for medical marijuana. Legislators would also be forced to revise or create new marijuana laws that accounted for medical marijuana. All these changes can be a lot to keep up with and it is important that if you have questions related to the legal or even business issues surrounding medical marijuana that you contact an attorney who can help guide you through your questions.

The views and opinions expressed herein are those of the authors and do not necessarily reflect the official policy or position of anyone else. Any content provided herein is not intended to malign any religion, ethic group, club, organization, company, individual or anyone or anything. The information provided herein should NOT be considered legal advice.

When many hear the term cannabidiol or CBD, they either have no idea what it is, or they associate it with marijuana because of its similar sound to cannabis. The truth is, when you hear about CBD, most people are talking about the kind derived from hemp. Hemp, which used to be Kentucky’s biggest cash crop, is now making a comeback in the form of CBD oil and products. As Kentuckian’s, some of us may know a bit of hemp’s history in Kentucky and our agricultural economy. However, few may know why hemp declined in popularity, why it is now making a comeback, and how it can affect them.

Many people have a stigma attached to hemp and the CBD oil it produces due to the fact that hemp is a variety of the Cannabis sativa species, the same species that marijuana comes from. Upon hearing the word “Cannabis”, a person comes to associate hemp with marijuana despite hemp having virtually no similarities to the drug. Unlike marijuana, hemp produces small amounts of the psychoactive ingredient that people use to get high (THC) and produces more cannabidiol (CBD). CBD actually decreases, if not eliminates, any psychoactive effects THC may have, meaning hemp cannot be used to produce a high. Due to this fact, hemp is not popular because it is a species of Cannabis plant, but rather for its industrial, nutritional, health uses, and CBD byproduct.

Why Was Hemp Production Banned?

Hemp used to be a major industrial player, especially in the early 20th century during both World Wars. Before tobacco, hemp was Kentucky’s biggest cash crop due to its variety of uses. The fibers are used in paper, textiles, automobiles, fuel, apparel, insulation, and much more. It can be used as a food source as it is high in protein and it also has greater environmental benefits than many of the resources, we use such as cotton and wood. More recently, CBD oil has become more popular and widely used due to its health benefits. It can relieve pain, has neuroprotective properties, reduce anxiety/depression, and may even be useful in substance abuse treatment. However, due to the war on drugs and misplaced fears that hemp was the same as marijuana, hemp production was banned under the Controlled Substance Act of 1970 and as a result, consumable byproducts of hemp. Despite the fact that hemp is still considered a schedule 1 drug, you can walk into many grocery stores and find products that contain CBD such as hemp chocolate and gummies. But is it illegal to buy items like that?

Is Legal Hemp Coming Back to Kentucky?

That depends on who you ask. Hemp and its byproducts are not legalized at the federal level and the DEA still sees hemp and consumable hemp products as illegal. Due to the opioid crisis, however, law enforcement is not overly concerned with seizing chocolate, oils, and other CBD consumables. Further, there are exceptions to the Controlled Substances Act that permit the growing of industrial hemp, creating grey areas that have not been vetted from a legal context. Law enforcement are also not concerned as hemp and CBD may soon be legalized. Senator Majority Leader Mitch McConnel has introduced into legislation the Hemp Farming Act of 2018. This would make hemp production legal on the national level. If passed, hemp would be decriminalized and no longer classified as a schedule 1 drug. With the hundreds of uses of hemp, strong research showing it is nothing like marijuana, and the need for more environmentally beneficial resources, legalization of hemp may not be far off.

If hemp production and its byproducts like CBD are FULLY legalized, it will open a new market for Kentuckian’s to dive into. It will also open the door to multiple opportunities in research, development, and business as well as bring more money into the state. However, even if hemp and its byproducts are legalized, there will be many changing laws and regulations surrounding them. It can be hard to keep up with these changes and know how that might affect you, especially when you are not versed in law and the laws surrounding hemp. That is why if you have any questions regarding laws and/or business regulations on hemp and CBD it is important to contact an attorney that is knowledgeable in that area to help you with all your hemp and CBD related needs.

The views and opinions expressed herein are those of the authors and do not necessarily reflect the official policy or position of anyone else. Any content provided herein is not intended to malign any religion, ethic group, club, organization, company, individual or anyone or anything.

If you have ever been in a car accident, then you know how much it can disrupt your life. Not only can you be seriously injured and end up with a great deal of damage to your car, you can be flooded with medical bills and car repairs. This can get expensive quickly and you may not have the money to pay for it all. While you will probably have an insurance claim for the accident, you can also pursue a legal one as well in an attempt to recover money for damages to you and/or your car. However, it is crucial that you contact a personal injury attorney immediately so as to ensure your statute of limitation does not run through.

What Are KY’s Statutes of Limitations – How Long?

What exactly are statute of limitations though? Statute of limitations are essentially deadlines, meaning you have the amount of time allotted by the statute of limitations to pursue legal action (i.e. file a lawsuit). For example, if you are in a car accident and are injured, the statute of limitations in Kentucky to file a personal injury lawsuit is two years from the date of the accident or two years from the last Personal Injury Protection (PIP) benefit that was paid out.

It is important to keep in mind though that legal claims each have different statute of limitations. While you have two years from either the date of the auto accident or the date of the last PIP benefit payment, if you want to pursue a legal claim for damages to your car, then you only have two years from the date of the accident to file suit. You could potentially pursue two different legal claims: one for personal injuries and one diminished value claim for your car. Just remember you have two years only from the date of the accident to pursue a property damage lawsuit.*

Be Smart! Contact An Attorney

All in all, if you are involved in an auto accident, it is most beneficial to you to contact a personal injury attorney right away, even if you haven’t thought about filing suit. They can provide you with advice on how to proceed to the next step and if you decide to file suit they can start working on it right away. By talking to an attorney following your accident you can take the situation into your own hands and ensure your statute of limitations doesn’t run through.

*filing suit for either property damage or diminished value without filing suit for personal injury, or vice a versa at the same time may result in being barred from bringing the other claim later. But this goes beyond the scope of a statute of limitations blog.

Hurt In A Car Wreck?

The views and opinions expressed herein are those of the authors and do not necessarily reflect the official policy or position of anyone else. Any content provided herein is not intended to malign any religion, ethic group, club, organization, company, individual or anyone or anything.

Buying a house is always a huge step in life, whether you are a first-time buyer or a seasoned one. It is without a doubt an exciting time, so it can be easy to get lost in the moment and forget to think about the future. Purchasing a house is also an expensive investment, so it makes sense that a lot of home owners attempt to find ways to lower their costs. An easy shortcut that many buyers make the mistake of taking is foregoing title insurance as many believe they do not need the coverage it provides. Unfortunately, this is a huge mistake that could end up costing the new homeowner more money or even their house in the future.

Is Title Insurance With Extended Coverage Necessary?

Title insurance and an extended coverage policy can protect the homeowner from a variety of issues that may arise from former owners such as previous liens and pre-existing violations of subdivision laws. As a homeowner you expect to enjoy certain benefits from your house without being affected by previous owners’ debts and mistakes. Title insurance helps to ensure that you get to enjoy your home as well as ensure that no one else can come and make a claim on it in the future.

One of the biggest protections offered by title insurance is the protection from the possibility of someone else trying to claim your home. It prevents someone from claiming they still have a stake in the property and can also help cover any costs that arise for the homeowner to dispute the claim. While it may seem far fetched that someone would swoop in and steal your home, it is more common than you think. It is not as simple as someone showing up on your doorstep claiming you’re living in their house. Instead, property law and the issues of ownership are very complex which can cause a lot of confusion and misinformation about deeds, ownership, liens etc. Plain ignorance can also lead to an issue that may result in a homeowner losing their home. For example, say the couple who owned your house before you had certain additions built without obtaining the proper permits. In some jurisdictions, if you purchased the home, and the jurisdiction discovered the unapproved renovations, the municipality could tear down your home or require you to reconstruct to code. The reality is that in this instance, title insurance would pay for your loss. Without it, you could be out your entire investment, still owing the amount of your loan.

While title insurance may drive up your costs more than you would like, it is worth it to ensure that you and your family do not end up losing your home due to confusion or ignorance. If you are purchasing a house, make sure to ask about title insurance and all the benefits it offers so that you can have some peace and mind about the future.

Need Legal Advice On Title Insurance?

The views and opinions expressed herein are those of the authors and do not necessarily reflect the official policy or position of anyone else. Any content provided herein is not intended to malign any religion, ethic group, club, organization, company, individual or anyone or anything.

When you get in your car to go somewhere, you probably aren’t planning on being involved in an accident. Unfortunately, life can hit us hard and for many a car accident can become a reality. Among the stress and trauma that comes with being involved in an accident, it can be hard to figure out what the next step is and how to move forward. As a personal injury lawyer, I can say that one of the most important steps you can take after a crash is to take pictures of the accident. Of course, the first priority should always be to make sure yourself and any others involved are okay. But if you’re a witness or have the ability, the next priority should be to photograph the accident and damage. While it may not seem important at the time amidst all the chaos, it is critical for insurance claims and legal action against at-fault drivers.

Why is it crucial to take photographs after an accident?

So why is it crucial to take photographs after an accident? The biggest advantage of having photos of the accident is that they can be used as evidence. Most of the time when you take legal action or file insurance claims, there is a lot of back and forth between who was at fault and the true extent of damages. Photos can help show the true facts of the case and prevent the blame from unjustly falling on you. They can show proof of the cause, possible contributing factors (e.g. weather, road conditions, etc.), the extent of damages, and the setup of the scene.

Not only are pictures strong evidence, they can also help dispute claims brought against you. Many times, much like in elementary school, when someone knows they are in trouble, or have done something wrong, the story they tell is designed to mitigate their fault and insurers are going to side with their insured. However, if you have photos of your injuries, damages, and accident scene conditions immediately following the crash, you can dispute the insurance company and strengthen your case.

When taking photos of the aftermath of a crash, there is no such thing as too many pictures. Take photos of all damage (property and bodily), traffic signs, witnesses, important details (e.g. skid marks, broken glass, etc.), as well as the surrounding scene. Even if you feel as though something isn’t related to the crash, take a picture anyways. It’s better to have a photo of something you don’t need than to not have a photo of something that is needed to prove your case. If you are unable to take pictures, ask someone at the scene if they can do it for you. Photographs of an accident are a powerful piece of evidence and could be the one thing that makes your case, so don’t hesitate snap away!

The views and opinions expressed herein are those of the authors and do not necessarily reflect the official policy or position of anyone else. Any content provided herein is not intended to malign any religion, ethic group, club, organization, company, individual or anyone or anything.

As car owners, it’s our obligation as a responsible driver (as well as legally required of us) to obtain car insurance. While it can be a pain to pay the premiums, it is worth it in the event that you are involved in a car accident as it helps cover expenses when there is damage to another driver and/or vehicle. The ideal car accident scenario would be that you and the other driver would both have insurance and the process of repairing damages would move smoothly. But what happens if the other driver does not have coverage or you’re involved in an accident in which the other driver speeds off?

Typically, in these situations there is a bill that someone has to pay and that someone ends up being you, unless, however, you have Uninsured Motorist coverage (UM). This coverage helps you recoup any damages you personally may have suffered in the event the other driver is not insured or if it is a hit-and-run accident. Unfortunately, having UM coverage in the state of Kentucky is optional meaning people have the opportunity to forego this coverage. Most people who are already paying a premium for their regular car insurance aren’t too keen on shelling out more money for something that is optional, despite the fact that it could be greatly beneficial in the future. Others are under the impression that UM coverage will cover the expenses and damages suffered by another driver if that person does not have coverage. However, that is not the case as that is what your liability car insurance is for. UM coverage instead protects you and pays for your damages when the other driver is not able to. In my three years as an attorney I have seen cases where people are seeking compensation for damages or injuries to themselves but can’t receive the money because they declined UM coverage and the other driver either cannot pay or is unknown.

Despite the fact that it is illegal to operate a vehicle without car insurance, there are many out there that break the law. According to the Insurance Research Council, 13% of motorists, or 1 in 8 drivers, were uninsured in 2015 and that the percentage is increasing, meaning your odds of being hit by an uninsured driver are getting higher and higher. With the number of uninsured motorists rising it is becoming more imperative to obtain Uninsured Motorist coverage. Without it, you will end up paying out of pocket for damages you didn’t cause. You pay to protect other drivers for damages they may sustain from you in an accident, so why not extend that same coverage to yourself against uninsured drivers?

Long before my days as a lawyer and even a law student, I worked for a boutique personal injury law firm located in a bustling suburb of Portland, Oregon. I distinctly remember a day when I was walking by the conference room in my oversized dress shirt and awkwardly knotted half Windsor necktie when the managing partner emerged into the hallway with a criminal client of ours. The client shook the partner’s hand and said “Ryan, it’s always so great to see you”. Ryan, a family man and well-regarded lawyer took a few steps before turning in his custom tailored blue steel suit and stated, “I’m a great person to know, but not someone you want to need to see”. The message was clear, “I’m here to help, but your life will be better if you can get it together”.

That moment has always stuck with me, and I believe it’s due to the fact that I had never seen that side of our managing partner. As a wannabe lawyer who had the job of collecting medical records, I only saw the business side of our law firm. The big settlement wins or the unexpected “Not Guilties”, the Christmas parties and the late night “bar reviews”. Truth be told however, the real victories for our firm came from our lawyer’s actions outside of the courtroom, rather than inside it. I found as time went by that our small firm was unique, we had the time and most importantly the caring attitude to go and visit our injured clients in their homes, to let people borrow our cars to help them get to work, to learn that little thing about our client that brings them joy and the time to attempt to ease their pain while we worked on their cases.

Choosing a small law firm can provide you with the assurance that you’re not just another case, you’re a real person with real emotional needs. In a small firm, the lawyers have the time to personally invest in each client they take on. Furthermore, I have found that smaller firms have lower overhead and as such, are usually willing and able to charge less and work on smaller cases, cases that would normally be turned away at other firms.

It’s been several years since I worked for Ryan, and have since opened my own practice. However, his caring mindset and principles will be found in my own practice. I’ve opened my law practice in Shelbyville, Kentucky because I believe this small town is the best kind of place to practice. I’m not in the business of suing people, I’m in the people business and I look forward to getting to know you and help you.